Estate of Harvey Feinsmith, Deceased, Betty Feinsmith, Executrix - Page 18




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          record to suggest that Mr. Feinsmith, in his individual capacity,           
          was involved in the scheme either when he joined Randy Hall or at           
          any time thereafter.  Although respondent invites the Court to              
          find as facts that Mr. Feinsmith was the mastermind of the scheme           
          as it related to Randy Hall, that he was in charge of Randy                 
          Hall’s finances, that he handled all of the checks and cash which           
          passed between Randy Hall and the promoters, and that he                    
          converted some of the cash to his personal use, we decline to do            
          so on the basis of the record.                                              
               Respondent relies solely on Mr. Perry’s answer to a question           
          asked by respondent’s counsel at trial to support a finding that            
          Mr. Feinsmith personally received cash from the scheme.  The                
          question and answer are as follows:                                         
                    Q  Okay.  And did you know if Harvey Feinsmith                    
               also received income back?                                             
                    A  Of course, we were partners, so we shared                      
               equally.                                                               
               We find Mr. Perry’s testimony unpersuasive (both as to this            
          point and generally overall).  Mr. Perry’s testimony was vague,             
          uncorroborated, and sometimes inconsistent.  Mr. Perry testified,           
          for example, that Mr. Feinsmith maintained Randy Hall’s books but           
          later testified that Mr. Feinsmith asked him for the books so               
          that Mr. Feinsmith could give them to the Government.  Mr. Perry            
          also testified adamantly that Randy Hall’s involvement with the             
          scheme began with the arrival of Mr. Feinsmith but later admitted           






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